Legal Opinion

BML Realty Group v. Samuels

Appellate Terms of the Supreme Court of New York

Decided February 26, 2007PublishedCited by 5 opinions

1Opinion of the Court

*31OPINION OF THE COURT

2Per curiam

Order, dated February 7, 2006, reversed, with $10 costs, motion granted, stipulation and final judgment vacated, and matter remanded to Civil Court for further proceedings.

In this nuisance holdover proceeding, a guardian ad litem (GAL) was appointed for tenant upon application of the Department of Social Services because tenant, who was 69 years old, mentally ill and blind, was incapable of adequately defending his rights. Two weeks later, the guardian entered into a stipulation providing for a judgment of possession in landlord’s favor, issuance of the warrant of eviction…

3Cases cited2 opinions

  1. In re AhoNew York Court of Appeals · 1976
  2. In Re Estate of FrutigerNew York Court of Appeals · 1971

4Cited by5 opinions

  1. New York City Housing Authority v. JacksonAppellate Division of the Supreme Court of the State of New York · 2008
  2. 1901 Hennessy LLC v. VicenteAppellate Terms of the Supreme Court of New York · 2020
  3. Alliance Housing II Associates v. GeorgeCivil Court of the City of New York · 2015
  4. East Harlem Pilot Block HDFC, Inc. v. GreenAppellate Terms of the Supreme Court of New York · 2016
  5. Mautner-Glick Corp. v. AcostaAppellate Terms of the Supreme Court of New York · 2018

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